SEARCH

Paul v. Smith, Gambrell & Russell

The trial court properly found that the plaintiffs' legal malpractice action was dismissed by operation of law because more than five years had elapsed since entry of the last order in the case.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is the third appeal arising out of a legal malpractice action that Appellants G. Douglas Paul, Sharon V. Paul, Catspaw Productions, Inc., Catspaw, Inc., Atlanta Catco, Inc., and Recording Studio, Inc. commenced against Smith, Gambrell & Russell “Smith Gambrell” in 2002. See Paul v. Smith, Gambrell & Russell, 267 Ga. App. 107 599 SE2d 206 2004 “Paul I”; Paul v. Smith, Gambrell & Russell, 283 Ga. App. 584 642 SE2d 217 2007 “Paul II”. In Paul II, the parties filed cross-appeals from the trial court’s April 11, 2005 order granting in part and denying in part Smith Gambrell’s second motion for summary judgment. 283 Ga. App. at 584-585. For the next five years after the April 11, 2005 order, no written order was entered in the trial court. On July 12, 2011, the trial court entered an order memorializing the automatic dismissal of the case pursuant to OCGA § 9-2-60 b and 9-11-41 e, concluding that more than five years had elapsed since the last order was entered in the case. On appeal, Appellants argue, among other things, that the five-year period was tolled during the pendency of the cross-appeals in Paul II. Finding this and Appellants’ other arguments unavailing, we affirm.

This appeal presents a question of law subject to de novo review. See Jinks v. Eastman Enterprises, Inc., 317 Ga. App. 489, 489-490 731 SE2d 378 2012.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Court Commissioner

SALARY: $8,000.69 Biweekly$17,334.83 Monthly$208,017.95 AnnuallyOPENING DATE: 01/29/2025CLOSING DATE: 02/27/2025 11:59 PM PacificDEFINITION/...

Apply Now ›

(NEW) SUPERVISORY LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client is seeking to hire a supervisory attorney for their growing Alabama team. Qualified candidates will have 8+ years of litigation...

Apply Now ›

(NEW) MID-SENIOR LEVEL LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client , is seeking to hire a mid-senior attorney for their growing Alabama team. Qualified candidates will have 4+ years of litigatio...

Apply Now ›